THE SEPARATION OF CHURCH AND STATE

“THE SEPARATION OF CHURCH AND STATE SHALL BE

INVIOLABLE.”
ART. II, SEC. 6
HISTORY OF THE SEPARATION IN
PHILIPPINE CONTEXT
Before our country fell under
American rule, the blanket of
Catholicism covered the
archipelago. There was a
union of church and state and
Catholicism was the state
religion under the Spanish
Constitution of 1876. Civil
authorities exercised religious
functions and the friars
exercised civil powers.
Catholics alone enjoyed the
right of engaging in public
ceremonies of worship.
Although the Spanish
Constitution itself was not
extended to the Philippines,
Catholicism was also the
established church in our
country under the Spanish
rule. Catholicism was in fact
protected by the Spanish
Penal Code of 1884 which was
in effect in the Philippines.
Some of the offenses in chapter
six of the Penal Code entitled
Crimes against Religion and
Worship referred to crimes
against the state religion. The
coming of the Americans to our
country, however, changed this
state-church scheme for with
the advent of this regime, the
unique American experiment of
separation of church and state
was transported to Philippine
soil
Even as early as the conclusion
of the Treaty of Paris between
the United States and Spain on
December 10, 1898, the
American guarantee of religious
freedom had been extended to
the Philippines. The Treaty
provided that the inhabitants of
the territories over which Spain
relinquishes or cedes her
sovereignty shall be secured in
the free exercise of religion.
Even the Filipinos themselves
guaranteed religious freedom a
month later or on January 22,
1899 upon the adoption of the
Malolos Constitution of the
Philippine Republic under General
Emilio Aguinaldo. It provided that
the State recognizes the liberty
and equality of all religion (de
todos los cultos) in the same
manner as the separation of the
Church and State. But the Malolos
Constitution and government was
short-lived as the Americans took
over the reins of government.
With the Philippines under the American
regime, President McKinley issued Instructions
to the Second Philippine Commission, the
body created to take over the civil
government in the Philippines in 1900.
(Estrada v. Escritor A.M. No. P-02-1651 June
22, 2006)
STATE RECOGNITION OF
RELIGION
When the Filipino people in the preamble of their
constitution implored the aid of Divine Providence, in
order to establish a government that shall embody their
ideals, conserve and develop the patrimony of their
nation, promote the general welfare and secure to
themselves and their posterity the blessings of
independence under a regime of justice, liberty and
democracy. They thereby manifested their intense
religious nature and placed unfaltering reliance upon Him
who guides the destinies of men and nations. [Aglipay v.
Ruiz, 64 Phil 201 1937]
HISTORY OF THE SEPARATION IN
PHILIPPINE CONTEXT
Before our country fell under
American rule, the blanket of
Catholicism covered the
archipelago. There was a
union of church and state and
Catholicism was the state
religion under the Spanish
Constitution of 1876. Civil
authorities exercised religious
functions and the friars
exercised civil powers.
Catholics alone enjoyed the
right of engaging in public
ceremonies of worship.
Although the Spanish
Constitution itself was not
extended to the Philippines,
Catholicism was also the
established church in our
country under the Spanish
rule. Catholicism was in fact
protected by the Spanish
Penal Code of 1884 which was
in effect in the Philippines.
Some of the offenses in chapter
six of the Penal Code entitled
Crimes against Religion and
Worship referred to crimes
against the state religion. The
coming of the Americans to our
country, however, changed this
state-church scheme for with
the advent of this regime, the
unique American experiment of
separation of church and state
was transported to Philippine
soil
Even as early as the conclusion
of the Treaty of Paris between
the United States and Spain on
December 10, 1898, the
American guarantee of religious
freedom had been extended to
the Philippines. The Treaty
provided that the inhabitants of
the territories over which Spain
relinquishes or cedes her
sovereignty shall be secured in
the free exercise of religion.
Even the Filipinos themselves
guaranteed religious freedom a
month later or on January 22,
1899 upon the adoption of the
Malolos Constitution of the
Philippine Republic under General
Emilio Aguinaldo. It provided that
the State recognizes the liberty
and equality of all religion (de
todos los cultos) in the same
manner as the separation of the
Church and State. But the Malolos
Constitution and government was
short-lived as the Americans took
over the reins of government.
With the Philippines under the American
regime, President McKinley issued Instructions
to the Second Philippine Commission, the
body created to take over the civil
government in the Philippines in 1900.
(Estrada v. Escritor A.M. No. P-02-1651 June
22, 2006)
STATE RECOGNITION OF
RELIGION
When the Filipino people in the preamble of their
constitution implored the aid of Divine Providence, in
order to establish a government that shall embody their
ideals, conserve and develop the patrimony of their
nation, promote the general welfare and secure to
themselves and their posterity the blessings of
independence under a regime of justice, liberty and
democracy. They thereby manifested their intense
religious nature and placed unfaltering reliance upon Him
who guides the destinies of men and nations. [Aglipay v.
Ruiz, 64 Phil 201 1937]